ACT OF 1981 �ON THE LEGAL STATUS OF FOREIGN CITIZENS IN THE USSR�: BASIC PROVISIONS AND APPLICATION

Hanna Siromska
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Abstract

The article considers the peculiarities of the legal status of foreign citizens in the Soviet Union as a result of legislative changes in the early 1980s. The purpose of the article is to analyze the main provisions and features of the application �On the Legal Status of Foreign Citizens in the USSR� Act of 1981. The research methodology is defined by an interdisciplinary approach (history, law) and is based on general scientific and special scientific methods, first of all, retrospection and legal analysis. The study result that the adoption of the �On the Legal Status of Foreign Citizens in the USSR� Act in 1981 was, among other things, due to the need to regulate the main aspects of the stay of foreign tourists in the Soviet Union as there was a formal principle that foreigners enjoyed the same rights and freedoms and had the same responsibilities as Soviet citizens, unless otherwise provided by current legislation. Due to this provision, foreigners were endowed with a fairly wide range of socio-economic and personal rights and freedoms, as well as certain political rights and freedoms. At the same time, the use of rights and freedoms by foreign citizens and stateless persons in the USSR should not have harmed the interests of Soviet society and the state, the rights and legitimate interests of the citizens of the USSR. The conclusions emphasize that the legal status of foreigners in the USSR was based on the following principles: 1) foreign citizens in the Soviet Union could claim the same rights and freedoms and bear the same obligations as citizens of the USSR; 2) foreigners were treated as equal before the law, regardless of the origin, social and property status, race and nationality, sex, education, language, etc.; 3) certain special restrictions were allowed in respect of citizens of those states in respect of which there were restrictions; 4) the enjoyment of rights and freedoms by foreign citizens in the USSR shouldn�t have harmed the �interests of Soviet society�. At the same time, the formally guaranteed rights of foreigners were not always realized in practice due to the peculiarities of the political regime in the country.
1981年《关于外国公民在苏联的法律地位法》:基本条款和适用
这篇文章考虑了由于1980年代初立法的变化,外国公民在苏联法律地位的特殊性。本文的目的是分析1981年《关于外国公民在苏联的法律地位法》适用的主要规定和特点。研究方法采用跨学科的方法(历史学、法学),以一般科学和特殊科学方法为基础,首先是回顾和法律分析。研究结果表明,1981年通过《关于外国公民在苏联的法律地位法》,除其他外,是由于需要管制外国游客在苏联逗留的主要方面,因为有一项正式原则,即外国人享有与苏联公民同样的权利和自由,并负有与苏联公民同样的责任,除非现行立法另有规定。由于这一规定,外国人被赋予相当广泛的社会经济和人身权利和自由,以及一定的政治权利和自由。同时,外国公民和无国籍人在苏联境内行使权利和自由,不得损害苏联社会和国家的利益,不得损害苏联公民的权利和合法利益。结论强调,外国人在苏联的法律地位基于以下原则:1)在苏联的外国公民可以要求与苏联公民同样的权利和自由,并承担与苏联公民同样的义务;2)外国人不论其出身、社会和财产状况、种族和国籍、性别、教育程度、语言等,在法律面前一律平等;3)对于那些有限制的国家的公民,允许有某些特别的限制;(4)外国公民在苏联享有权利和自由不应损害“苏联社会的利益”。与此同时,由于该国政治制度的特殊性,外国人的正式保障权利在实践中并不总是得到实现。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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